Retrospective effect and compounding: pre-amendment compoundable offence remained compoundable after a genuine compromise.

An offence under Section 324 IPC committed before the 2006 amendment could still be compounded where the law then in force permitted compounding. The later deletion of compoundability was held not to operate retrospectively so as to defeat a genuine compromise reached between the parties for a pre-amendment offence. As the compromise was supported by affidavit and no legal impediment remained on the facts, compounding was permitted. The conviction and sentence were therefore set aside and the accused acquitted.

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Issues: Whether an offence under Section 324 of the Indian Penal Code, 1860, committed prior to the 2006 amendment and later compromised between the parties, could be permitted to be compounded and the conviction set aside.

Analysis: The offence had been committed on 27.12.1997, when the applicable legal position still permitted compounding. The later amendment deleting compoundability could not be applied retrospectively to defeat a compromise in respect of an offence committed before the amendment. Since the parties had entered into a genuine compromise and filed an affidavit to that effect, there was no legal impediment to permitting compounding in the facts of the case.

Conclusion: The offence was permitted to be compounded, the conviction and sentence were set aside, and the accused was acquitted.

Ratio Decidendi: An offence that was compoundable on the date of can be permitted to be compounded notwithstanding a later amendment rendering it non-compoundable, if the compromise is genuine and the proceedings relate to the pre-amendment period.

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